Canada ordered to take another run at caribou protection

A recent federal judge’s decision is a welcomed step in the fight to protect the woodland caribou and First Nation rights in northeastern Alberta.

At the crux of the matter is the lack of action since 2007 under the Species at Risk Act when the woodland caribou became listed as a threatened species.

The federal minister of environment was required at that time to prepare a recovery strategy that would protect the woodland caribou and their habitat. That has yet to be done.

Three First Nations and two environmental groups took the matter to court, and are pleased that Justice Paul Crampton ruled on July 28 that Environment Minister Peter Kent failed not only the caribou, but the First Nations applicants’ treaty rights to the caribou, as well as the caribou habitat, and the honor of the Crown in interpreting his mandate under the federal Species at Risk Act.

“We’re pleased the court recognized the importance of the Species at Risk Act and, in issuing this judgment, has required the federal environment minister to properly reconsider the looming crisis for the woodland caribou–an animal vital to our livelihood,” said Ron Lameman, advisor to Beaver Lake Cree Nation chief and council.

The Beaver Lake was joined by the Athabasca Chipewyan First Nation and the Enoch Cree Nation, as well as environmental groups Pembina Institute and Alberta Wilderness Association, in a judicial review hearing on June 22 in Edmonton.

Action to spur on the federal government to protect the caribou was initiated last summer with a letter to then Environment minister Jim Prentice. Legal action by the First Nations and environmental groups got underway in September 2010.

“The fact that these herds are going to die . . . the loss of these herds will have a ripple effect on all the surrounding herds in British Columbia, in the Northwest Territories, in Saskatchewan and increase the extinction for the entire species. That was the thrust of our argument, that clearly the loss of these herds in and of themselves requires an emergency order,” said Melissa Gorrie, legal counsel for EcoJustice, which is representing the two environmental groups.

Dene National Chief Bill Erasmus said the judge’s decision didn’t surprise him.

“It’s fairly obvious. I’ve been to Fort McMurray. You fly over that area and it’s like a dead zone. So I’m surprised (the federal government) found the habitat was not being bothered and that there was no danger,” said Erasmus.

He noted that the Dene Nation was studying the woodland caribou and believed that although the herds are small, the same caribou in Alberta were traveling north of 60, as well as into northern British Columbia. There was some possibility, too, he said, that these same herds were venturing into Saskatchewan.

“Part of the plan the federal government has to do now is look at all of that and bring us together and let’s talk about the habitat of the woodland caribou,” said Erasmus.

“As for what this court decision means, this is a very useful step towards protecting caribou in northeastern Alberta and towards respecting First Nations’ rights in the area,” said Jack Woodward, legal counsel for the First Nations. “But we’ll have to see what the environment minister does in response to the case: the ball is now back in his court.”

“This is yet another significant court decision which upholds the treaty rights of First Nations in Canada and by protecting the caribou herds and caribou habitat, these and other First Nation communities can and will continue to exercise their traditional rights and practices, including hunting, trapping and fishing,” said Assembly of First Nations National Chief Shawn Atleo in a news release.